The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-06-27

drgu ent FIR the proseculi IN, referlet
g. toe great interest ken in Inc cast
ny III public, as shown by the large
ATTENDING comprising many bushes.
men, at the trial. Ii Was useless
say that it was no, a case Of import
ance There seemed to be an nnpres
-ion that h. was acting IN spite, and Ii
iad ven b ca said IN [ tbs Case was
pc medltdted, that the boys mad been
lad Ia wat Tor. In his official cdpa.
city he was actvaied by such mo
ives. He had great deal Of resp, Ct
Tor those 1ong gentle zen and tn,
parents, but had MS duty to perform
~ this or any other case that might
arise. He bad known these young
gentlemen for long time; had recelv-
ed their expressions of APPRECIATION on
Ills accession to tnat office, and olten
ven had their assistance. His ann
was TO do his duty conscientiOusly; he
Dad no grudge against any man, and #
accused of spite could only have t.
submit to the lmputation 1t had all
ways been his endeavor to inculcate IN
lis officers that everything should 60
IN quietly and that they should avoid
.rictIVn. He impressed on the officers
tnat they we're public servants and
should not 60 beyond proper limits,
out it was sometimes difficult to have
instructions carried out When any
went beyond their duty it was always
contrary to his instructions. He had
at allowed himself to be swayed
IN his duty by any person, and had all
ways avoided causing people unneces-
sary trouble. Many people, he thought,
would bear him out in what he said.
The Marshal then came down to the
case, stating the charge to be assault
and battery on police officer while in
performance Of bis duty. Being on
duty from 7 O'Clock in the evening till
9 in the morning, they were on this
occasion gong to quell disturbance
at Maunakiekie. II they were stopped
on their way by these young men, GER
tainly II was breach Of the law. So
il was II their horses were stopped, or
that OF one OF them held by the bride.
Or if all that was passed by, it was
shown that the officers stopped and
told these young men not to make so
much noise; the officers said they were
making unlawful noise; when Dowsetl
made the offensive remark testified 70.
Dias said his horse was stopped, he goi
Of on opposite side, and Dowsett
struck him; when he said, 81 arrest
you" telling him according to the stS.
tute that he arrested him. There was
evidence that Dowselt was told t. &
"a the Police Station and that he would
not. What was Dowsett's if he had
onducted himself like a gentleman
He would have said, "Let me 20 and !
y Il g. q iletly," but instead he struck
nm. the Marshal Gained that Whit
ley, in putting MS hand ON the officer
80 prevent him from arr, sting ID ,wssu
committed an assault, and more sureh
when he struck the officer. The sam,
&c held regarding Wide mann. H,
would not say that WiiIney anu
duler would come into court an,
state what was false, bur careful ,x-
animation of their evidence would
show that they made mistakes and told
much tnat was not true. Muller SAID
here was no fight, that he came be
tween Dias and Dowsett TO prevent
> &c, and that is probably true; but Whit.
ney said there fight, and Dowsett and
Nldemann each spoke of a fight or a
struggle. If there was no fight or
row as Mr.. Muller stated. then the
p licemen must have been mistaken,
when with these three gentlemen they
,ay there was fight, when blows were
struck. Therefore he asked the Court
To strike out the evidence of Mr..
Muller altogether.
Mr.. Whitng-He is trying to dis
credit his own witness, which is against
all the rules.
Marshal Kaulukou--He is your wit
ness IN that respect; you made him
your witness TO get that out of him.
The prosecution went on to review the
evidence, arguing that there must have
been some cause for the officers inter.
ference. He suggested as the cause
that Dowsett had nursed the old sore
against the officers for taking him to
the Station on former occasion, and
his hot blood had not cooled off and
he had heated it up artficially. 1t was
strange If Dias, whom defendants never
knew before, should want TO fight them,
as their own evidence made him out
to be good natured. The man who
would act thus must be ''little Off"
In conclusion, he argued that the case
was not one Of no importance, but one
which if he had overlooked it would
have brought him under the severe
censure of the public. However, he
did not ask for conviction unless His
Honor believed from the evidence that
defendants were clearly guilty; and, if
convicted, he only asked for the i'm.
position Of nominal fine, say one dol.
lar each, SO that law should be vindi
Gated